JEFFERSON COUNTY, Colo. — Trump’s Department of Education ordered Jeffco Public Schools on Friday to reverse policies that allow transgender students to compete in girls’ sports and access girls' restrooms and other accommodations, or “risk imminent enforcement action” if it does not comply.
The order came after the U.S. Department of Education’s Office for Civil Rights (OCR) concluded that Jefffo Public Schools violated Title IX of the Education Amendments of 1972 after receiving athletic rosters from the district “indicating that male students may occupy up to 61 roster positions on girls’ sports teams.”
“Today’s findings reveal sweeping Title IX violations by Jefferson County Public Schools—denying fairness and equality to female students by allowing males into their private facilities, overnight accommodations, and athletics,” said Assistant Secretary for Civil Rights Kimberly Richey.
The OCR gave Jeffco Public Schools 10 days to agree to a proposed resolution, including rescinding or revising its policies for transgender students, issuing a public statement that Jeffco Public Schools will comply with Title IX, and post that statement on district school websites, or "risk imminent enforcement action."
It was not immediately clear what the “imminent enforcement action” might entail.
The OCR started eyeing the second-largest school district in the state after receiving a report in June of last year alleging Jeffco Public Schools violated Title IX by “removing the safeguard” on sleeping arrangements for transgender students on overnight school trips.
Reporting from Chalkbeat Colorado shows Jeffco’s policy states that transgender students “should be assigned to share overnight accommodations with other students that share the student’s gender identity.” It also states the needs of transgender students will be assessed on a case-by-case basis to maximize their social integration, ensure their safety and comfort, and minimize stigmatization.
The Jeffco district “allegedly misleads parents by informing them that girls and boys will be separated for overnight accommodations without divulging that its definition of ‘girl’ includes boys who claim a female identity,” the department said in a news release at the time.
Chalkbeat Colorado reported that when the investigation was announced last year, a spokesperson for the district said its policy was “grounded in Colorado’s anti-discrimination law, the regulations for which say transgender individuals should be allowed to use restrooms, locker rooms, and dormitories that are consistent with their gender identity.”
In a statement about Friday's announcement by the OCR, a Jeffco Public Schools spokesperson said the conclusion reached by the Department of Education is "erroneous, and the Resolution Agreement proposed by OCR would place Jeffco in direct conflict with Colorado law." The district's full statement is below:
On Friday, March 13, the U.S. Department of Education’s Office for Civil Rights announced that Jeffco Public Schools’ provision of equitable access for all students runs afoul of Title IX of the Education Amendments of 1972. That conclusion is erroneous, and the Resolution Agreement proposed by OCR would place Jeffco in direct conflict with Colorado law.
Providing equal access to programs and services for all Jeffco students, including those who are transgender, does not violate Title IX. The Department’s interpretation has no basis in the Title IX regulations and is not supported by any binding court decision. It conflicts with a recent U.S. District of Colorado decision which considered the same Jeffco policies. Prior federal administrations have taken the direct opposite view—that Title IX protects transgender students’ access to school programs and facilities.
Jeffco’s policies and practices align with the Colorado Anti-Discrimination Act, prior federal guidance on Title IX, and CHSAA policy. In fact, since 2013, the Colorado Civil Rights Commission has interpreted state law to require school districts to accommodate students based on their gender identity.
As we consider next steps in partnership with our community and state and local officials, two things remain certain: (1) Jeffco will continue to maintain its compliance with the law, and (2) we will center decisions on providing exemplary, equitable educational opportunities for all students.
Jeffco Public Schools not alone in showdown against Trump administration
This is the second Title IX investigation of a large Colorado school district since Trump returned to the White House last year.
In January of last year, the U.S. Department of Education announced it was investigating Denver Public Schools after the district installed an all-gender, multi-stall restroom at East High School, and later ordered the district to revert all-gender restrooms to single-sex facilities and reverse policies that allow students to use bathrooms that align with their gender identity or risk similar enforcement action.
In response, DPS Superintendent Dr. Alex Marrero vowed to protect students from a “hostile administration” as he rebuked the U.S. Department of Education’s findings that all-gender restrooms created at East High School earlier this year discriminated against girls.
No apparent enforcement action ever came from the OCR against DPS.